Vancouver City Council |
ADMINISTRATIVE REPORT
Date: April 28, 2003
Author/Local: K Morgan/604-873-7760
RTS No. 03368
CC File No. 2701P&E: May 15, 2003
TO:
Standing Committee on Planning and Environment
FROM:
City Building Inspector
SUBJECT:
Warning to Prospective Purchasers of
2652 West 3rd AvenueRECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 2652 West 3rd Avenue (Lot O of 3, Block 10, District Lot 192, Plan 774) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.
B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 2652 West 3rd Avenue and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building into compliance with City By-laws.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
Section 336D of the Vancouver Charter provides a mechanism whereby the City of Vancouver can warn prospective purchasers of contraventions of City By-laws relating to land or a building or structure. It provides that if the City Building Inspector observes a condition that he considers to be a contravention of a by-law relating to the construction or safety of buildings; or as a result of that condition, a building or structure is unsafe or unlikely to be usable for its expected purpose; or is of a nature that a purchaser unaware of the contravention, would suffer a significant loss or expense if the by-law were enforced against him, he may recommend to City Council that a resolution be considered directing the City Clerk to file a notice against the Title to the property in the Land Title Office. Sections 334 and 571 of the Vancouver Charter allow the City to seek injunctive relief for any By-law contravention.
BACKGROUND
The existing building at 2652 West 3rd Avenue is approved as a one family dwelling and is located in an RT-8 (Two Family Dwelling) District.
In November of 1999, our inspection services reported that an approximate 12' x 13' deck at the rear (with an unapproved enclosure addition below) was being replaced without permit or approval. The owner was ordered to stop work and advised to either obtain the required permits or remove all unapproved construction. No applications for permits were submitted and a reinspection indicated that the unapproved construction had not been removed. The owner was ordered to remove the deck and the enclosure addition below. To date there has been no compliance, charges have been laid in Provincial Court twice and the owner has been fined. A recent inspection has indicated that the unapproved work still exists and a new second storey addition has been constructed over the unapproved first storey addition.
A review of our records indicates that as a result of a complaint, our inspection services reported in March of 1987 that there was an unapproved suite on the first storey of the building in contravention of the Zoning and Development and Vancouver Building By-laws. The owner was advised to either make application for the required permits or vacate the unapproved living quarters.
Applications for Development and Building Permits were submitted for the conversion of the existing one family dwelling to provide a multiple conversion dwelling containing two dwelling units and for an approximate 92 square foot addition by enclosing the area below the existing rear deck. Both applications were refused. Our inspection services reported that the unapproved living quarters were still occupied and the enclosure addition had beencompleted without approval. In December of 1989, the owner was ordered to remove the unapproved construction, vacate the first storey as separate living quarters and restore the use of the building to a one family dwelling. At the request of the tenants and the owner, extensions of time were granted.
An inspection in December of 1999 indicated that the first storey was vacant.
DISCUSSION
Although the property is not currently listed for sale, it is recommended that a 336D Notice be filed against the title to the property so that any prospective purchasers will be warned that there are violations of the Zoning and Development and Vancouver Building By-laws related to this building. Subject to Council approval, I will be referring this matter to the Director of Legal Services to request that she commence legal action or an injunction if, in her opinion, it is appropriate to do so.
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